ML19225A085

Request for Documents Identified by NRC in Response to Potomac Alliance 790601 Interrogatory.Includes Request for Util FSAR & Tech Specs Applicable to Operations of Plant

ML19225A085
Person / Time
Site:	North Anna
Issue date:	06/01/1979
From:	Jay Dougherty Potomac Alliance
To:
Shared Package
ML19225A081	List: ML19225A080 ML19225A083 ML19225A085 ML19225A090
References
NUDOCS 7907180271
Download: ML19225A085 (4)

Text

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BEFORE THE ATOMIC SAF CI AND LICL SING BOARD T, c.w $l*sW 6%O /

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In the Matter of ) Docket Nos. 50-338 SP

) 50-339 SP VIRGINIA ELECTRIC AND POWER COMPANY )

) (Proposed Amendment to (North Anna Power ) Operating License NPF-4)

Stntion, Units 1 and 2) )

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POTOMAC ALLIANCE REQUEST FOR PRODUCTION OF DOCUME?r"S *H THE NRC STAFF The Pocomsc Alliance (the Alliance) requests that the documi.nts identified by the NRC Staff in response to the INT-TO THE NRC STAFF FROM THE POTCMAC ALLIANCE, submitted this date, be provided to the Alliance. It is explicity requested that such documents not simply be placed in the NRC Public Document Rocm (PDR) or identified as available at that lccatien, but be provided dirscely to ccunsel for the Alliance, As dis-cussed =cre fully below, the Alliance is entitled :c direct recei 7:

cf these documents under the Freedcm of Information Act (FOIA),

5 U.S.C. S551. Therefore, the Alliance requests the Staff te obviate the filing of a FOIA request by complying fully with the instant request.

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Under the FOIA and NRC regulations implementing it, 10 CFR 559.03-9.16, the Alliance is entitled to receive the documents referred to above, and is eligible for a waiver of all search and reproduction fees in connection therewith.

The factors relevant to a waiver of fees are set forth at 10 CFR 59.14a (c) , (d), and (e). In brief, the Alliance con-tends that it satisfies thess criteria for the following reasons:

(1) Tim 'tnts are essential to the Alliance's participation in an NRC licensing proceeding. They will be intensively analyzed by researchers and technical experts, and the products of that analysis will be presented to the Atomic Safety and Licensing Scard to assist it in its adjudicatory functions. In addition, the Alliance will retain the doc-uments for use in connection with subsequent licensing pro-ceedings, the publication of its newsletter, public speaking activities, and its role in the debate over local and national nuclear issues generally, (3) The public will receive significant tangible bene-fit from the Alliance's use of the materials in this proceeding and in its educational outreach programs.

(2) The public that will be benefitted by the dis-closure includes that;p'ortion of the public _esiding in the vicinity of the North Anna Power Station, that pcrtion of the public relying on the Applicant to supply its electric pcwer needs, and the public in its entirety through improvemen: ef n>A the NRC's licensing proceedings. (f i O

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(4) The Alliance will receive no financial benefit from the documents other than avoidance of expenditure of its scarce resources.

(5) Tha Alliance's ability to pay the anticipated costs of search and J* production is extremely limited or non-existent.

(6) The inte led use of the documents will serve to maintain the public health and safety and the qualitf of the environment, will result in improved regulatory processes, and will contribute to public debate on important policy issues.

(7) The documents will be usec. f or a public rather than a private purpose and will benefit the public in far greater measure than the costs to the NRC of providing them.

Moreover, the Alliance believes that there is a

" compelling reason," as that term is used in 10 CFR 59.14a(g),

for furnishing the documents directly to the Alliance despite the fact that they may be found in the PDR. As an intervenor in a licensi g proceeding to which the documents are directly related, it has an urgent need to have the documents in the possession of its counsel and researchers, both for purposes of thorough analysis as well as immediate access in licensing hearings. The Commission has explicity identified this type of need as that which is enccmpassed within the " compelling need" standard. 44 Fed. Reg. 16001 (March 16, 1979).

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In sum, the Alliance asserts that it has a right to obtain such documents directly and without charge under the FOIA, and therefore requests the Staff to provide such copies under the same terms. The Alliance has no present intent to file a request for the documents under the FOIA.

The documents covered by this discovery request include the Applicant's Final Safety Analysis Report for the North Anna Station and the Technical Specifications applicable to the operations of that plant.

Respectfully submitted,

/3 Of counsel: / /

Gloria M. Gilman d c James 3. Dougheyty j Counsel for the Potomac Alliance Dated this 1st day of June, 1979.

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